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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP

Posts Categorized: Commercial

Posted: September 26, 2014

Transcripts and Videos of Arguments in the Court of Appeals for the Week of September 15, 2014, Now Available

On September 8, 2014, we noted two cases of interest from the oral arguments for the week of September 15, 2014: No. 162: Motorola Credit Corporation v. Standard Chartered Bank (considering certified questions from the Second Circuit on the application of the “separate entity rule” to post-judgment enforcement proceedings under CPLR Article 52). See the transcript and the... Read more »

Posted: September 25, 2014

No Claim for Equitable Subrogation Where Payments Were Voluntary Settlements

On September 12, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Hong Leong Fin. Ltd. (Singapore) v. Morgan Stanley, 2014 NY Slip Op. 51396(U), dismissing a claim for equitable subrogation. In Hong Leong Fin. Ltd., the defendants moved to dismiss the complaint of “Plaintiff Hong Leong Finance Limited (Singapore)... Read more »

Posted: September 24, 2014

New York does not Follow the “Fiduciary Shield” Doctrine, so Corporate Officers’ Actions on Behalf of a Company can Form the Basis for Personal Jurisdiction over the Officer

On September 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Interventure 77 Hudson LLC v. Falcon Real Estate Investment Co. LP, 2014 NY Slip Op. 32401(U), denying a motion to dismiss. In Interventure 77 Hudson, the underlying dispute concerns alleged mismanagement of a real estate portfolio. However, the... Read more »

Posted: September 23, 2014

Reverter Provision Unenforceable if not Recorded within 30 Years; Action for Injunctive Relief or Money Damages can Proceed Regardless

On August 21, 2014, Justice Grays of the Queens County Commercial Division issued a decision in The Roman Catholic Diocese of Brooklyn, N.Y. v. Christ the King Regional High School, 2014 NY Slip Op. 32389(U), granting a motion to dismiss in part. In 1976, the plaintiff Diocese of Brooklyn conveyed real estate to the defendant... Read more »

Posted: September 22, 2014

Federal Arbitration Act Does Not Apply to California Insurance Law Requiring Arbitration Agreements to be Filed With State

On September 11, 2014, the First Department issued a decision in Matter of Monarch Consulting, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA., 2014 NY Slip Op. 06158, addressing the interplay between the Federal Arbitration Act’s preemption of state rules invalidating arbitration agreements and the McCarran-Ferguson Act, 15 U.S.C. § 1011, which prevents... Read more »

Posted: September 20, 2014

First Department Reverses Trial Court Discovery Order

On September 18, 2014, the First Department issued a decision in MSCI Inc. v. Jacob, 2014 NY Slip Op. 06239, reversing a trial court order limiting discovery. In MSCI Inc., the First Department acknowledged that “[a] trial court is vested with broad discretion in its supervision of disclosure,” that “deference is afforded to the trial court’s... Read more »

Posted: September 19, 2014

Transcripts and Videos of Arguments in the Court of Appeals for the Week of September 8, 2014, Now Available

On September 8, 2014, we noted a case of interest from the oral arguments for the week of September 8, 2014: No. 156: Ellington v. EMI Music Inc. (regarding the interpretation of the provisions of a royalty agreement between the family of Duke Ellington and music publishers concerning the allocation of revenues from foreign publication of Ellington’s music). See the... Read more »

Posted: September 18, 2014

Enforcement of Judgment Not Stayed Pending Appeal When Undertaking Not Filed With County Clerk

On September 4, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Vintage Flooring & Tile, Inc. v DCM of NY LLC, 2014 NY Slip Op 51376(U), declining to recognize a stay of enforcement of a judgment under CPLR 5519(a)(2) where the defendant failed to comply with the formal requirements for... Read more »